Patna High CourtCR. MISC./23442/2017bail granted

Bittu Kumar Tiwary v. The State Of Bihar

2017-05-24Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23442 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -KOILWAR District- BHOJPUR ====================================================== Bittu Kumar Tiwary, son of Manoj Tiwary, reisdent of Village- Barishwan, P.S.- Shahpur, District- Bhojpur.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ashok Kumar Singh, Advocate For the Opposite Party : Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-05-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 08.02.2017 in connection with Koilwar P.S. Case No. 19 of 2017 for the offences instituted under Sections 25(1-b)a, 26 and 35 of the Arms Act.

The prosecution story, in brief, is that during the course of checking of vehicle, co-accused Raju Kumar Yadav, this petitioner and others were arrested and on search from possession of Raju Kumar Yadav, one country made pistol alongwith three cartridges were recovered. He did not show any paper. Thereafter Raju Kumar Yadav and this petitioner were taken into custody and sent to jail.

Patna High Court Cr.Misc. No.23442 of 2017 (2) dt.24-05-2017 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.02.2017 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. No arms is said to have been recovered from possession of the petitioner. The arms is said to have been recovered from possession of other co-accused Raju Kumar Yadav. Raju Kumar Yadav has already been granted bail by another co-ordinate Bench of this Court vide Cr. Misc. No. 18581 of 2017 dated 04.05.2017. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhojpur at Arrah in connection with Koilwar P.S. Case No. 19/2017. (Sudhir Singh, J) U.K./- U T